What To Know About Filing A Workers Compensation Claim

All workers have a right to a reasonably safe workplace. No one should be exposed to unnecessary risks when they are just trying to do their job and bring home a paycheck. However, accidents do happen and workers will get injured on the job. Luckily, Illinois law requires employers to subscribe to the state workers’ compensation system, which can provide workers financial compensation in the event of an injury.

How Does The Workers Compensation System Work?

Workers compensation is a type of insurance that pays employees for the cost of medical treatment and for part of their lost wages after an on-the-job injury. Nearly all states require employers to subscribe to workers’ compensation; however, workers compensation laws differ by state.

Once a worker is injured, he or she needs to immediately notify the employer, either verbally or in writing. In Illinois, workers must notify the employer no later than 45 days after the injury. For workers in Missouri, the notification period is only 30 days. Workers must then file a workers compensation claim with the state’s compensation agency. For Illinois workers, the notification must be made within three years of the injury or two years from the last payment of compensation. In the state of Missouri, the notification period is only two years from the date of injury or from the date of the last payment of compensation.

What Kind Of Compensation Can Workers Receive?

Employees are generally eligible for three different types of compensation after an injury. Firstly, workers compensation will compensate injured employees for all related medical expenses. Secondly, workers can receive approximately two-thirds of their average weekly wage while they are recovering from their injury. Finally, if the accident caused permanent injuries, employees can receive an award to compensate the permanent nature of the injury.

Don’t File A Claim On Your Own

The most important thing to know about filing a workers compensation claim is that you don’t have to file it on your own. It is always wise to consult with an experienced attorney before filing your claim. Workers compensation laws are incredibly nuanced, and even the smallest mistakes made during filing could cause you lose out on compensation.

Furthermore, there are many limits on the amount of workers compensation an employee can recover, the number of physicians an injured worker can visit, and compensation for permanent injuries. By working with an experienced workers compensation attorney, you can make sure you get the most out of the workers compensation system. Working with an attorney does not cost anything. Workers compensation lawyers work on a contingency fee basis, meaning they only receive payment if they help their clients recover compensation. In the state of Illinois, workers compensation lawyers receive 20% of any permanency awards and in the state of Missouri, lawyers receive 25% of the permanency awards.

You May Be Able To File A Third Party Claim

In exchange for the workers compensation system, employers are released from liability from workplace accidents. There are instances when a third party causes workplace injuries, not the employer. Many third party claims involve auto accidents where another party injured a worker on the jobsite. In these instances, workers can file a civil lawsuit against the third party to recover compensation for the accident. If you are unsure whether a third party is responsible for your accident, speak to an attorney. They will be able to analyze your situation, collect evidence, and determine exactly what happened and who can be held responsible.

Contact The Glisson Law Firm For Help

Filing a workers compensation claim can be extremely overwhelming. At The Glisson Law Firm, we work to put our clients’ minds at ease so they can focus on getting better. If you’ve been injured on the job and have questions about your workers compensation claim, don’t hesitate to call us and schedule a consultation.